Archives for category: Ethics

Anand Giridharadas is a brilliant writer and thinker who blogs at The Ink. In this post, he interviews Michael Roth, the President of Wesleyan College in Connecticut, who describes how he has handled student protests without calling in the police or trampling on free speech rights. Just days ago, Roth wrote an article in The New York Times advising that the best college choice is one where you don’t fit in; go outside your comfort zone. Be a nonconformist.

Anand writes:

In recent weeks, the wave of antiwar protest that began at Columbia University spread across the country, as did the backlash against it.

Many university leaders responded by shutting down student speakerscanceling commencement ceremonies, and ultimately calling in police to clear encampments and campus building occupations with mass arrests. Thousands of students, professors, and other protestors have been arrested nationwide; meanwhile, protests are ongoing, the House Committee on Education and the Workforce continues its fishing-expedition investigation of higher education, and the domestic battle over the campus protests continues to distract attention from the ongoing war in Gaza.

What is right here? Should universities crack down on students who disrupt campus life, even if their cause is just? Are there steps student groups could take to more clearly separate their movements from elements of antisemitism? Can the rest of society muster enough historical memory and thick enough skin to remember that students are often telling us something that we need to hear, even if we don’t want to?

One university leader has been grappling with these questions in an especially thoughtful way, in part because, in addition to running a university, he is a scholar of universities and of education. That grounding shows. Under Michael Roth, Wesleyan University has cut a different path from many campuses, by clearly and calmly reiterating students’ right to protest peacefully, as Roth did in this letter:

The students there know that they are in violation of university rules and seem willing to accept the consequences. The protest has been non-violent and has not disrupted normal campus operations. As long as it continues in this way, the University will not attempt to clear the encampment.

At the same time, Roth has been clear about the importance of keeping people’s focus on the underlying war, not elite campuses; on the very real problem of antisemitic elements in and around the protests; and about the need to sustain campuses as places where students and teachers and others expect a mix of safety and challenge.

We caught up with Roth the other day for a conversation you won’t want to miss if you’ve been following not only the war but the fight over the war and are craving, as we have been, more light and less heat.


A request for those who haven’t yet joined us: The interviews and essays that we share here take research and editing and much more. We work hard, and we are eager to bring on more writers, more voices. But we need your help to keep this going. Join us today to support the kind of independent media you want to exist.

And today we’re offering new paying subscribers a special discount of 20 percent. You will lock in this lower price forever if you join us now!

Get 20% off forever


Your statement of Wesleyan’s position on the continuing protests is notable for its simple recognition of the rights and responsibilities of all parties. 

Can you talk about the decisions that went into your statement and why such statements have been so rare?

I am happy to talk about my statement, but I really want to emphasize that we need to turn more political energy toward demanding that the U.S. force a humanitarian ceasefire in Gaza, a return of the hostages, and, then, negotiations toward a sustainable peace.

As for protests at Wesleyan University: We could have immediately closed down the encampment because the protesters hadn’t gotten advance permission for tents, or because they were writing messages on the adjacent buildings in chalk. But in the context of national protest movements, it seemed wrong to me to use “time and place restrictions” other schools have cited as reasons for shutting down protests. 

Over the last week, I’ve gotten many notes from alumni, parents, and strangers chastising me for not making the protesters “pay a price” for breaking the rules.

So why haven’t I made them feel those consequences? Cops don’t always give people tickets for going a few miles over the speed limit. Context matters, whatever Congresswoman Elise Stefanik says.

In this case, I knew the students were part of a broad protest movement, and protest movements often put a strain on an institution’s rules. They are meant to do that. The encampment was “non-violent and has not disrupted normal campus operations,” I wrote, and “as long as it continues in this way, the University will not attempt to clear the encampment.” I added that we would “not tolerate intimidation or harassment of students, staff, or faculty,” and that the protesters, as far as I could tell, were not moving in those directions. I want to emphasize that this can change and that if the protesters choose to more seriously disrupt our work as an educational institution, they will face much more significant repercussions.

Last Tuesday we saw two very different conclusions to major campus protests; at Columbia, the administration — claiming it had “no choice” — called in the NYPD, made multiple arrests and cleared the Hamilton Hall occupation and lawn encampment. (Yale, UCLA, and others did similarly.) Reportedly, Columbia has arranged for the NYPD to remain on campus through the conclusion of the term on May 17. On the other hand, student protestors at Brown finally reached an agreement with the Corporation of Brown University to dismantle their encampment in exchange for a vote on divestment from firms connected to the Israeli military campaign. Admittedly, I am asking you to speculate, but can you think through what the process behind these different decisions might have been? 

At Columbia, the combination of outside participants, intimidating antisemitic chants, and — most importantly — the destructive occupation of a building necessitated a much stronger response than has been necessary elsewhere. Administrators seemed to judge that the university couldn’t safely continue to operate. If that was the case — and I know there remain significant disputes about the facts — the protesters had to be cleared, and the penalties on offenders, I suspect, will be severe. 

At UCLA, early indications are that police allowed counter-protesters to engage in violence. At other schools, students and administrators have been able to decide to do something positive for the situation in Gaza without engaging in empty but symbolically satisfying gestures. Divestment is a distraction. There is little indication that it has the desired effects, even in the long run. Gazans need a ceasefire and massive humanitarian aid now.

I’m curious as to how your scholarly work might have informed your thinking on this. Several of your books speak pretty directly to what’s happening (I think in particular of Beyond the UniversitySafe Enough Spaces,and The Student: A Short History). How does your work as a theorist of liberal education figure into your response to these protests?

All my scholarship is animated by a pragmatist approach, which means that I have a general suspicion of abstract principles and a commitment to working through problems so as to be in a better position to pursue one’s most important goals. My work before these education books was heavily influenced by Hegelian and Freudian models of thinking: an expectation that conflict is necessary for any important change and that unconscious motivations are always in play in crises. To put it simply: I expect conflict, and I expect acting out. 

I believe that liberal education in America is always connected to civic engagement. We want our students to learn how to be better citizens while they come to understand the ideas and the contexts of whatever field they study. In Safe Enough Spaces, I argue that civic preparedness (to use Danielle Allen’s term) develops when students value free speech and political participation in contexts that prohibit violence and intimidation. Students don’t need to be protected from offensiveness, but they do need to be educated in situations in which they learn to think for themselves in the company of others. That’s what I call “practicing freedom.”

That’s why ideally we can make crisis moments like ours educational for the students. This does not mean we pander to them. On the contrary, they learn from teachers who resist their popular but dumb ideas, and who help students understand better how to pursue meaningful objectives over time.

Leave a comment

The House Education Committee has now called three more university presidents — for the first time, three men, and two of them leading public universities: Peter Salovey, president of Yale University; Gene Block, chancellor of the University of California at Los Angeles; and Santa Ono, president of the University of Michigan.

It seems quite clear that the committee’s animus towards the elite universities isn’t actually about the threat of antisemitism, protecting free-speech rights, or even ensuring student safety. What do you think the goal actually is for Foxx, Stefanik, and the other Republican members?

Despite my many years working on Freud and psychoanalysis, I don’t understand the deep motivations behind people who on some days cozy up to Replacement Theory and Christian Nationalism and on other days paint themselves as anti-antisemites.

For over a century, one has said that antisemitism is the socialism of fools. Today, anti-antisemitism has become the conservatism of knaves.

The political motivations of extreme right politicians are clear: they are riding the anti-elites train, the wave of rejecting people with expertise and credentials. By attacking so-called cultural elites, the extreme right avoids talking about economic elites. It distracts people with real grievances from the profound issues of inequality that plague this country. Rather than deal with child poverty, the so-called conservatives attack Ivy Leaguers; rather than force billionaires to pay their fair share of taxes, they turn our attention to protesters on campus.

Some news coverage has described university actions against protesters as driven by these Congressional hearings. Is that the case? What about donors or boards? Are you feeling any such pressure? 

No.

What do you make of the charge that the protesters are antisemitic? Do you have a sense that there are actual connections among opposition to Israeli military action, anti-Zionism, and antisemitism? Or are we seeing a toxic mixture of bad-faith political entrepreneurship and angry, less-than-fully-informed student groups?

Of course, one can be anti-Zionist and not be antisemitic. It is clear that many Jewish students have joined the protests and that one can be very much opposed to the politics of Israel’s government (I am) and not be antisemitic (I am not).

I also think it’s pretty obvious that some of the protesters use antisemitic tropes, and that some of them don’t consider it possible for a Jew to be an innocent civilian. Hamas, which some protesters applaud, is viciously antisemitic. It considers the rape of Jewish women and the killing of Jewish babies not just tactics of war but an occasion for ecstatic rejoicing. It doesn’t get more antisemitic than that. 

I remain appalled (but, alas, no longer shocked) that many protesters don’t seem to be concerned about their association with this terrorist organization. They don’t care. Although only a small minority of protesters might be overtly antisemitic, it is far too easy for many to accept Jewish deaths as the price for someone to be free.

This doesn’t have to be explicit for it to be hateful, especially from people who not long ago were concerned with microaggressions against other groups. Antisemitism enables far too many to accept the cheapening of Jewish life; it’s classic scapegoating. This is a very old story on the right, and also for more than fifty years among people who want to be thought of as progressive. If Israel changed its ways, would these people still be antisemitic? Yes. The thrill of being part of a movement trumps their basic moral sense.

Speaking of Trump, of course this will help him. If his people were smart enough to instigate the protests to divide the left and to whip up anger at kids on campus, they couldn’t have done a better job. My hope is that the civic preparedness that may be enhanced by young folks’ involvement in this movement will energize them to protect democracy in the fall.

Share

What are the protesters’ specific demands at Wesleyan? What’s your sense of their actual overall motivations?

Also, what do you make of the common media framing of the protesters as “pro-Palestinian” versus counterprotestors who are “pro-Israel?” If we’re making the 1968 comparison, why not “antiwar” instead, since in a practical context they are mainly pushing for a ceasefire at this point?

The demands at Wesleyan resemble the BDS demands of some years ago. Very little to do with Gaza in particular; the demands have to do with isolating Israel economically and culturally. I would hope that students will turn their attention to having an impact on U.S. foreign policy and not the “cancellation” of a complicated country with a complex history.

As for being antiwar, I wish there was more of that idealism across the country. I prefer that good old naivete to what one hears from many in today’s movement. Many in today’s movement seem to think war (violence) is justified as long as you are “on the right side of history,” which today for them means the “anti-colonial” side. This is insipid, lazy thinking, and it leads to some of the self-righteous, close-minded rhetoric of people who in other moods might be defending free speech, democracy, and the development of the rule of law. It also leads to the same vicious moral callousness that the U.S. displayed in, say, Iraq and that Israel displays today in Gaza. People who had “God on their side” have done lots of damage, as will people who think they have “history on their side” today.

One thing I’ve been wondering is whether everyone is making a mistake by thinking of this movement in light of 1968. Is there built-in hyperbole here — on the left, seeing a protest movement as a looming problem for the Democratic convention, as a threat to a second Biden term; on the right, the useful specter of 60s-style counterculture opposition — that works against peaceful resolution of the conflict, regardless of how the students might see themselves? I don’t see as much media comparison to the actions against apartheid of the 1980s, which seems more useful (and in many cases then, university administrators either ignored or came to terms with the student movement).

Some of the opposition to the students is based on procedures. They are in the wrong space at the wrong time. Other opposition is based on the clear indications from many protesters that Israel should not exist as a state. These protesters have yet to opine as far as I know about the legitimacy of other states in the region.

Yes, I think the protests are a problem for politics in the fall unless young people take the political energies they’ve experienced and turn those energies toward building coalitions at home to win the next round of elections and to pass legislation that might facilitate the creation of a more just and peaceful world. 

But at a time when we should be putting our full attention on getting a humanitarian ceasefire in Gaza, we are instead talking about fancy college campuses. At some schools, protesters seem more interested in investment policies or in campus disruption than in doing anything meaningful for Gazans. The media finds it easier to cover Columbia than Rafah. Let’s instead pay attention to the right things: We need a ceasefire and a return of the hostages now, and we need to get aid to Gaza.

Geoff Duncan, a former Lieutenant Governor of Georgia and a lifelong Republican, explained in the Atlanta Journal-Constitution why he could not vote for Donald Trump:

It’s disappointing to watch an increasing number of Republicans fall in line behind former president Donald Trump. This includes some of his fiercest detractors, such as U.S. Senate Minority Leader Mitch McConnell, New Hampshire Gov. Chris Sununu and former U.S. Attorney General Bill Barr, who raised eyebrows during a recent interview by vowing to support the “Republican ticket.”

This mentality is dead wrong.

Yes, elections are a binary choice. Yes, serious questions linger about President Biden’s ability to serve until the age of 86. His progressive policies aren’t to conservatives’ liking.

But the GOP will never rebuild until we move on from the Trump era, leaving conservative (but not angry) Republicans like me no choice but to pull the lever for Biden. At the same time, we should work to elect GOP congressional majorities to block his second-term legislative agenda and provide a check and balance.

The alternative is another term of Trump, a man who has disqualified himself through his conduct and his character. The headlines are ablaze with his hush-money trial over allegations of improper record-keeping for payments to conceal an affair with an adult-film star.

Most important, Trump fanned the flames of unfounded conspiracy theories that led to the horrific events of Jan. 6, 2021. He refuses to admit he lost the last election and has hinted he might do so again after the next one….

The healing of the Republican Party cannot begin with Trump as president (and that’s aside from the untold damage that potentially awaits our country). A forthcoming Time magazine cover story lays out in stark terms “the outlines of an imperial presidency that would reshape America and its role in the world.”

Unlike Trump, I’ve belonged to the GOP my entire life. This November, I am voting for a decent person I disagree with on policy over a criminal defendant without a moral compass.

In recent years, religious freedom has been used to undermine public schools and public health. This trend damages communities and endangers children. In the following post, an authority praises Connecticut for eliminating the religious exemption for vaccination.

Dr. Paul Offit is a pediatrician who specializes in infectious diseases and vaccines. He is currently  the Maurice R. Hilleman Professor of Vaccinology, professor of pediatrics at the Perelman School of Medicine at the University of Pennsylvania. He writes a blog where he warns about the dangers of refusing to vaccinate against diseases.

He wrote:

On February 13, 2024, National Geographic published a book I wrote called, TELL ME WHEN IT’S OVER: AN INSIDER’S GUIDE TO DECIPHERING COVID MYTHS AND NAVIGATING OUR POST-PANDEMIC WORLD. For the past few months, I have been writing about various issues discussed in that book.


Between January 2020 and March 2024, the CDC reported 338 cases of measles in 30 US states and jurisdictions. These outbreaks were consistent with a CDC survey showing that more parents are choosing non-medical vaccine exemptions, such as religious or philosophical exemptions, for their school children. Connecticut, however, is standing up to those who, in the name of religious freedoms, are putting children at unnecessary risk.

In 2000, the United States eliminated measles, the most contagious of the vaccine-preventable diseases. Success centered on the enforcement of school vaccine mandates that have existed in all 50 states since 1981. Unfortunately, during the past few years, legislative efforts by anti-vaccine groups have made it easier to opt out of vaccines for non-medical reasons. As a consequence, immunization rates among school children have dropped and measles has come back.

In Connecticut, on the other hand, immunization rates have risen for two straight years, exceeding pre-pandemic levels. During the 2022-2023 school year, more than 97 percent of Connecticut kindergartners were vaccinated against measles, up from 95.7 percent the year before and 95.3 percent the year before that. Why? The answer can be found in a 2021 law that eliminated the state’s religious exemption to vaccination.

Immunization rates of 95 percent or higher are required to provide herd immunity against measles. When rates drop, which is true in many states that now offer either religious or philosophical exemptions, measles comes back. The most dramatic example being an outbreak in Philadelphia in 1991 that centered on two fundamentalist churches that refused vaccines. During a three-month period, measles virus infected 1,400 people in the city and killed nine. All the deaths were in young children.

On its face, the phrase “religious exemptions to vaccination” is a contradiction in terms. All religions teach us to care about our children and our families and our neighbors. Choosing to put our children and those with whom they come in contact at risk is the opposite of a religious act. Further, about 9 million people in the United States, because they are on immune suppressive therapies for their cancers or transplants or autoimmune diseases, can’t be vaccinated. They depend on those around them for protection. Do we have a responsibility to love our neighbor?

Amy Pisani, a Connecticut resident, and head of the national group Vaccinate Your Family, praised the hard work required to counter the efforts of anti-vaccine groups to overturn vaccine mandates. “From the top down, we have incredibly supportive legislators,” said Pisani. “And when you have government agencies that are supportive at that level, it allows our public health officials to do their job.” As measles cases rise this year, and will no doubt return next winter, parents in Connecticut can feel more comfortable that state health officials and legislators have their backs.

Standing in stark contrast to efforts to protect children in Connecticut are those in Mississippi. In July 2023, Mississippi, which had up to that point only offered medical exemptions, became the most recent state to offer a religious exemption to vaccination. More than 2,000 parents immediately chose to exempt their children. The effort was not spearheaded by a religious group, but rather a virulent anti-vaccine group called Informed Consent Action Network. The lawyer who headed that effort paradoxically declared, “Freedom wins again.” Freedom to catch and transmit potentially deadly infections. Hardly a victory for children.

Since the Florida Supreme Court released dual decisions about abortion, there’s been some confusion. Five of the seven justices were appointed by DeSantis.

One decision upheld a fifteen-week ban on abortion, with the understanding that it would be superseded on May 1 by a six-week ban, already signed into law by Governor DeSantis. A six-week ban is the equivalent of a total ban, since few (if any) women realize they are pregnant at that point. The ban was approved by a vote of 6-1.

The second decision allowed a referendum this November that would guarantee the protection of abortion rights in the state constitution. This decision was approved by a vote of 4-3.

Are these two decisions in conflict? Well, yes. And there is a catch. The state constitution includes a guarantee that “all natural persons’ have a right to life and liberty.” Are fetuses “natural persons?” Some of Florida’s Supreme Court justices think so.

Our reader Democracy espies a scheme behind the scene:

In the oral arguments over the Florida abortion amendment to the state constitution, the chief justice of the Florida Supremes – Carlos G. Muñiz – asked specifically about fetal rights. As Bloomberg reported,

“Florida Supreme Court Chief Justice Carlos G. Muñiz asked during Feb. 7 oral arguments on an amendment that would protect abortion in the state whether the Florida Constitution’s guarantee that all ‘natural persons’ be ‘equal before the law’ can apply to fetuses. Muñiz questioned whether justices must first decide this before determining whether the proposed amendment protecting abortion until fetal viability was misleading.”

Meredith L. Sasso, a DeSantis appointee, raised the issue of fetal rights in voting NOT to allow the amendment on the ballot.  Renatha Francis, another DeSantis appointee, did the same.

Jamie R. Grosshans, ALSO appointed by DeSantis, wrote the opinion finding that in Florida privacy does NOT apply to abortion, also said this when voting AGAINST the abortion amendment’s placement on the ballot:

“The voter may think this amendment results in settling this issue once and for all. It does not.”

Is it too cynical to believe that the Florida Supreme Court would approve a referendum that they intend to invalidate?

Rick Perlstein writes in The American Prospect about a conversation with a friend who is a journalist in Texas. His friend describes how his native state is run by men who are determined to stamp out every last vestige of democracy in Texas. The Republican Party keeps moving to the extreme and crushing reasonableness and sanity. The result is a fascist state where all power is concentrated in the hands of Gregg Abbott, Dan Patrick, and far-right fascists.

Perlstein writes:

I made a friend a few years back, a young journalist at a newspaper in a smaller Texas city, bored with his work and seeking out conversation on the kind of things I write about. As time went on, however, he just wanted to talk about escape. “A local city I cover, as a matter of habit, appeals every single public records request,” went a typical plaint. “In a state that hasn’t completely lost its mind, maybe the solution is to reach out to the AG’s office. Except in Texas, you’re trying to get an indicted man who might have helped with January 6 to act on behalf of the public.”

At the end of that year, he approached me on the horns of a dilemma: take a job offer as a beat reporter at a daily in a big Texas city, or quit journalism and find some job at a do-gooder nonprofit. The guy’s dog was named “Molly Ivins.” I told him I didn’t think he had much choice. Alas, he took this graybeard’s advice. Things since have been hardly more rewarding.

One day: “Working on a deep dive into how the state of Texas fails to protect intellectually disabled people from predatory guardians. Depressing stuff.”

Another day: “A thing that really irks me about covering conservative dustups is how profoundly dishonest the whole thing is … When it comes time to write, you have two options. Either cut through the BS and call it what it is; then they’ll tell you you’re just biased. Or you can try to finesse it and sound insane.”

Another: “I also just finished a story about how domestic violence homicides are through the roof in Texas (even as overall homicide rates have declined), but we don’t have the infrastructure to really know how bad conditions have become. It turns out when you turn women into second-class citizens and make guns easily accessible, that doesn’t go well.”

A couple of weeks back, he shared with me a dark epiphany: He no longer felt hope. Thought it might be high time to get the hell out of his native state forever. He asked if there was anything out there that gave me hope. Having reached the “Forget it, Jake, it’s Chinatown” stage of my relationship with the United States (in part thanks to his testimony from the front lines), I had no comfort to offer.

I did, however, have a suggestion. He could tell me about what all this was like. I could let you listen in. Forthwith, an edited and annotated transcript of my conversation with a man I’ll call Lonely Star. Though it’s not so much that he’s lonely; he has manyanguished compatriots who feel the same way. It’s just that they feel like there’s less they can do about it with every passing day.

Please open the link and read their conversation. It’s enlightening and frightening.

Florida’s six-week ban on abortion went into effect today.

A reader who calls him/herself Quickwrit posted the following excellent thoughts about anti-abortion laws:

THE NINTH AMENDMENT that gives Clarence Thomas the constitutional right to live in an interracial marriage also gives women the constitutional right to abortion: The 9th Amendment says that rights, like the right to interracial marriage and the right to abortion, do not have to be stated in the Constitution in order to be constitutional rights because The Ninth Amendment says: “The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.”

The current Supreme Court ruling on abortion not only violates the 9th Amendment, it violates the religious rights of many citizens. The ruling is supportive of the teaching of the Roman Catholic Church to which the six majority Justices belong.

The Bible gives commandments on a very, very long list of more than 600 laws on everything from divorce to gluttony or stealing — yet the Bible says nothing about abortion. Why is that? If abortion was even as important as gluttony and stealing, it would have been mentioned in the Bible.

Out of more than 600 laws of Moses, which includes the 10 Commandments, NONE — not one — comments on abortion. In fact, the Mosaic law in Exodus 21:22-25 clearly shows that causing the abortion of a fetus is NOT MURDER. Exodus 21:22-25 says that if a woman has a miscarriage as the result of an altercation with a man, the man who caused miscarriage should only pay a fine that is to be determined by the woman’s husband, but if the woman dies, the man is to be executed: “If a man strives with a woman with child, so that her fruit depart from her, and yet there is no harm to the woman, he shall be punished according to what the woman’s husband determines and he shall pay as the judges determine.” So, the miscarriage is treated like the destruction of property, not murder.

There are Christian denominations that allow abortion in most instances; these Christian denominations include the United Church of Christ and the Presbyterian Church USA. The United Methodist Church and Episcopal churches allow abortion in cases of medical necessity, and the United Universalist Association also allows abortion.

Most of the opposition to abortion comes from fundamentalist and evangelical Christians who believe that a full-fledged human being is created at the instant of conception. But that is a religious BELIEF and religious beliefs cannot be recognized by the government under the Establishment Clause of the First Amendment of our Constitution. Moreover, the belief that a fetus is a human person, complete with a soul, is a Christian interpretation of the Jewish Bible — the Old Testament. But, Jewish scholars whose ancestors wrote the Old Testament and who know best what the words mean say that is a wrong interpretation of their writings.

Christians largely base their view that a fetus is a complete human being and that abortion is murder on the Jewish Bible’s Psalm 139: “You knit me together in my mother’s womb…You watched me as I was being formed in utter seclusion as I was woven together in the dark of the womb. You saw me before I was born.”

But who better to translate the accurate meaning of Psalm 139 than the Jews who wrote it? And Jewish scholars point out that Psalm 139 merely describes the development of a fetus and does not mean that the fetus has a soul and is a person. In fact, the Jewish Talmud explains that for the first 40 days of a woman’s pregnancy, the fetus is considered “mere fluid” and is just part of the mother’s body, like an appendix or liver. Only after the fetus’s head emerges from the womb at birth is the baby considered a “nefesh” – Hebrew for “soul” or “spirit” – a human person.

The idea that full-fledged human life begins at conception is a sectarian religious belief that isn’t held by the majority of religions, including a number of mainstream Christian religions.

Therefore, any local, state, or federal law that holds that full-fledged human life begins at conception is unconstitutional because such laws are made in recognition of an establishment of religion and violate the Establishment Clause of the First Amendment.

THE COURT BENDS THE FACTS: The University of London scientist whose research is cited by the Supreme Court in its ruling to take away abortion rights says that his research has been misinterpreted by Justice Alito and the Supreme Court’s activist conservative majority. Neuroscientist Dr. Giandomenico Iannetti says that the Court is ABSOLUTELY WRONG to say that his research shows that a fetus can feel pain when it is less than 24 weeks of development. “My results by no means imply that,” Dr. Iannetti declares. “I feel they were used in a clever way to make a point.” And Dr. John Wood, molecular neurobiologist at the University, points out that all serious scientists agree that a fetus can NOT feel pain until at least 24 weeks “and perhaps not even then.” Dr. Vania Apkarian, head of the Center for Transitional Pain Research at Chicago’s Feinberg School of Medicine, says that the medical evidence on a fetus not feeling pain before 24 weeks or longer has not changed in 50 years and remains “irrefutable”.

LIFE OF WOE: In its 1973 Roe v. Wade ruling upholding abortion rights, the Supreme Court set “viability” — the point at which a fetus can survive outside of the womb — as the dividing line after which some restrictions can be imposed on abortion rights. The pending ruling by current activist conservative majority on the Court will do away with the concept of viability, yet even with all of today’s medical miracles to keep a prematurely born or aborted fetus alive, of all the tens of thousands of cases, 90% OF FETUSES BORN AT 22 WEEKS DO NOT SURVIVE, and data shows that the majority of those that manage to be kept alive live the rest of their lives with a combination of BIRTH DEFECTS that include mental impairment, cerebral palsy, breathing problems, blindness, deafness, and other disorders that often require frequent hospitalizations during their lifetimes.

Greg Olear noticed Jared Kushner’s new role as a financier and his success at staying far, far away from his father-in-law’s trial in New York City. He also noticed that Jared had replaced Michael Cohen as Trump’s liaison with David Pecker and the National Enquirer. Naturally, he wonders why Jared is not being called to testify.

Scott Maxwell, columnist for The Orlando Sentinel, wrote about the state’s callous indifference to the neediest of the state’s children. These are the children who are not included in Ron DeSantis’s commitment to “right to life.” He cared about them when they were fetuses but neglects them now. Their lives don’t matter.

Maxwell writes:

Last week, the Orlando Sentinel shared a gut-wrenching story about the parents of some of this state’s sickest children either losing Medicaid coverage or bracing for losses.

Keep in mind: We’re not talking about kids with sniffles and headaches, but toddlers with traumatic brain injuries who need feeding tubes, wheelchairs and round-the-clock care. And kids who are nonverbal with challenges so severe that their parents take days off work just to care for them.

They are Florida’s most vulnerable residents.

The story was depressing, yet merely the latest in a long string of stories about various vulnerable populations. Consider other recent headlines:

https://mynews13.com/fl/orlando/news/2022/10/31/thousands-of-disabled-floridians-waiting-years-to-get-off-wait-list-for-help

https://www.wfla.com/8-on-your-side/just-help-me-get-my-kid-services-tampa-boy-with-autism-among-460k-florida-kids-kicked-off-medicaid/

https://floridapolitics.com/archives/670068-more-than-22k-children-dropped-from-florida-kidcare-in-2024-as-state-challenges-federal-eligiblity-protections/

https://www.npr.org/2023/03/15/1163617435/florida-is-1-of-11-states-declining-to-accept-federal-money-to-expand-medicaid

That last headline was actually from last year. Now, we’re one of only 10 states rejecting billions of federal dollars meant to help struggling families.

Each of those stories has its own complexities involving different segments of families in need. But I submit the common theme boils down to a single, soul-defining litmus test:

When you see a paralyzed or terminally ill child or an impoverished family, you either believe we have a collective, societal obligation to help them … or you don’t.

I submit this state has too many of the latter in charge. And too many people who just breeze past the dire headlines, because they have the luxury of doing so. Because they aren’t personally affected.

Like many of you, I was dealt a relatively good hand in life. My wife and I are healthy. So are our kids. But I still believe we have an obligation to care for those who aren’t, particularly those who can’t care for themselves.

I think most people agree. On tough issues — like abortion, taxes or the death penalty — reasonable people can reach different conclusions. But throughout time, most civilizations have agreed on this point.

In Florida, however, the state leaves children born with severe disabilities — without the ability to feed themselves or ever live on their own — languishing on waiting lists for services. The average wait is seven to 10 years. Some kids die before they’re served.

Again, either you think that’s OK or you don’t. The leaders of this state haven’t fully funded that Medicaid waiver program since Jeb Bush was in office.

Now, if you’re healthy and wealthy, the term “Medicaid waiver” may be unfamiliar. The health care landscape is littered with a dizzying array of jargon. There are Medicaid waivers, iBudgets, the Medikids program, Healthy Kids, the Children’s Medical Services Health Plan.

It all makes most people’s eyes glaze over. But each program serves a different population and has two common themes: Most are incredibly difficult to navigate. And most leave many people struggling to get the services they need … often by design.

Nowhere is that more evident than in this state’s steadfast refusal to accept federal dollars to expand Medicaid.

The expansion was created under the Affordable Care Act to provide coverage to millions more low-income Americans and hundreds of thousands more Floridians. A slew of organizations and think tanks have said Florida should do so for both moral and economic reasons.

Health care experts say it would save lives. Hospitals say it will create jobs. The Florida Chamber of Commerce says it will boost our economy by tens of billions of dollars.

GOP lawmakers, however, have steadfastly refused — as part of a decade-long tantrum against “Obamacare.” To hell with those who need coverage and for whom the money is there. These politicians say they’re unconvinced the program will work or that the state’s costs won’t rise.

But remember: Florida Republicans are an outlier. The vast majority of states — including dark red ones led by hard-core conservative leaders — have already accepted the money.

“It’s pro-life, it’s saving lives, it is creating jobs, it is saving hospitals,” Arizona’s former governor, Jan Brewer, said when she took the money back in 2013. “I don’t know how you can get any more conservative than that.”

Arkansas Gov. Asa Hutchinson said: “We’re a compassionate state, and we’re not going to leave 220,000 people without some recourse.”

Florida Republicans, however, are fine with abandoning those low-income people. And sick kids. And those with profound disabilities. Re-read the headlines.

After reading all this, if you believe this state should do better by its most vulnerable residents, do me a favor, will you? Don’t send me an email telling me you agree. While I enjoy hearing from readers, I’m not the one who needs to hear this.

Send your thoughts to your state legislators. Or to the House speaker or Senate president. (Their contact info can be found at www.leg.state.fl.us) Or use the governor’s website at www.flgov.com/email-the-governor to share your thoughts there.

You can also ask them some basic questions.

Ask them if they believe it’s acceptable for 22,000 families with profound disabilities to face a 7- to 10-year wait for getting Medicaid waivers.

Ask if they believe the state did the right thing by removing 1.3 million people, including families with terminally sick children, from the state’s Medicaid roll.

Or just copy all those headlines above and ask: “Do you really believe all of this is OK?”

I’d like to believe most decent people don’t. But the headlines keep coming.

Rick Wilson, a Never-Trump Republican and a founder of The Lincoln Project, warns about the danger of normalizing Trump:

I’m seeing a lot of traditional, DC “bothsides” reporting lately, arguing that this is at some level a “normal” election between a center-left Democratic party and a center-right Republican party.


This morning, Axios published a piece by Mike Allen and Jim VandeHei titled “Behind the Curtain: America’s reality distortion machine,” which caused a stir in political media circles.


It leads out with a question: “Here’s a wild thought experiment: What if we’ve been deceived into thinking we’re more divided, more dysfunctional, and more defeated than we actually are?” and proceeds to make some pretty good arguments about why we’re not a dystopian hellscape. I think they missed the big point, and this piece will stand out as a Washington Normalcy Bias exemplar for a long time.


My friend Molly Jong-Fast lit them up on Morning Joe,
She had precisely the right response: “But you understand that the conventional framing elevates the autocrat.”


No, not every American — in fact, not even a majority — is locked in the day to day of political struggle. Yes, there are silos. Yes, the algorithmic hypnosis of social media is real.


I cede all those points. America is a nation filled with hundreds of millions of people who aren’t partisan jihadis, left or right. There really is a desire for basic decency, decoupled from political rage, induced or not.

They’re not wrong to make these points, and the America they describe is one we should crave—not being involved in politics every moment of the day is a luxury only present in stable democracies.


But they ignore the existential issue underpinning this all.


We aren’t in a nation where the sensible center will survive if Donald Trump wins.


Only one side of the political argument wants their president to govern like a dictator. Only one side believes that the President is above the law — if his name is Donald Trump. Only one side of the political equation mounted an armed attack on the United States Capitol.


Only one side has welcomed the “no enemies to our right” philosophy, which means their party winks and nods at the alt-reich, the white nationalists, and the rest of the Daily Stormer crowd. Only one side is banning books, diving deeply into the seas of culture war cruelty and persecution.


Only one side backs America’s enemies abroad and promises to hand Europe over to Vladimir Putin on a plate. I could recite the Bill of Condemnation all day, but you understand the point.


The political movement that embraces the aforementioned horrors is MAGA, and its sole leader is Donald Trump.

Once again, the world is playing chess, and Donald Trump is eating the pieces and crapping on the board, and instead of horror, the reaction is a shrug.


This isn’t a regular election with typical outcomes.


Ordinary people living ordinary lives who think politics doesn’t matter and that the world will go on as it has can’t grapple with what happens in a post-American Presidency. It seems a lot of Washington reporters can’t either.


Normalcy bias is the best friend of authoritarians. If you think the algo-driven bubble on social media is robust, nothing tops normalcy bias. This cognitive bias can play into the hands of authoritarian regimes or leaders in a few ways:


It plays to the natural tendency for people to underestimate the possibility of a disaster, dictator, or disruptive event coming to the fore. It lets people assume that things will continue as normal because they’ve always been that way. (Berlin, 1936, anyone?)


It lulls people into complacency: they assume things will continue as they always have, and like frogs boiling in a slow pot, they may fail to recognize creeping authoritarianism and the erosion of democratic norms and civil liberties until it’s too late.


It makes people—even people reporting on it professionally—miss clear signals that a movement or regime is becoming more authoritarian, even when its leaders lay out their plans in broad daylight.

Once you say, “It can’t happen here,” there’s a high likelihood it’s already happening.
The normalcy bias makes people slow to react and resist authoritarian encroachments because they don’t perceive the seriousness of the threat until it’s too late.


Normalcy bias also rears its ugly head after the damage is done. Authoritarian actions are emergencies, you see. “The Caravan! Antifa! Transing the kids!” demand temporary measures lulling citizens into acceptance of the worst…and the temporary measures seem to last forever.

People convinced that the current system is immutable are less likely to make contingency plans or organize resistance against potential authoritarianism taking root. Trust me, the Never Trump folks screaming into the void for the last decade can tell you all about this one.
It’s tempting to hope that societal inertia in the center will overcome the energy and danger on the MAGA flank.


It hasn’t, and it won’t.

Bill Kristol is a Never Trumper who writes for The Bulwark. He reminds me of my conservative roots. I have always feared mobs. Once mobs form, it’s impossible to know what direction they will take and who is leading them. In the few times in my life that I inadvertently found myself stuck in a mob, I was terrified and got out as quickly as I could. There is something about a mob that is fundamentally in opposition to rationalism and the democratic temperament. Disagree with me if you wish, but please, be civil.

Kristol writes:

The AP reports on this week’s spring breakdown: 

Columbia canceled in-person classes, dozens of protesters were arrested at New York University and Yale, and the gates to Harvard Yard were closed to the public Monday as some of the most prestigious U.S. universities sought to defuse campus tensions over Israel’s war with Hamas.

More than 100 pro-Palestinian demonstrators who had camped out on Columbia’s green were arrested last week, and similar encampments have sprouted up at universities around the country as schools struggle with where to draw the line between allowing free expression while maintaining safe and inclusive campuses.

At New York University, an encampment set up by students swelled to hundreds of protesters throughout the day Monday. The school said it warned the crowd to leave, then called in the police after the scene became disorderly and the university said it learned of reports of “intimidating chants and several antisemitic incidents.” Shortly after 8:30 p.m., officers began making arrests.

Here’s a tweet from Jay Nordlinger that’s stuck with me: “There is scarcely anything in this world more terrifying than a mob. It is, frankly, pretty much at the root of my politics: this anti-mob feeling. Madisonian conservatism (or Madisonian liberalism, if you like) has struck me as right from a young age. Popular passions can kill.”

As we say on Twitter: 💯. Or even 💯💯.

Mobs can kill. They can also destroy the fabric of a civic order. They can disfigure the politics of a liberal, representative democracy. And so a healthy society will deter, will tamp down, will reject as much as possible mob action and mob spirit.

Now it’s of course true that there will always be elements of mob spirit in our politics, in our life. Some of the spirit of the mob runs, one might say, through each human soul.

A sound society suppresses that spirit to some extent. And since it can’t be altogether suppressed, a healthy social order also channels it, so it can be indulged and released harmlessly. A liberal democracy can have lots of sports fans.

But of course being a “fan” is the civilized version of being a fanatic.

Even in a healthy society, resistance to fanaticism is always fragile. And once fanaticism is unleashed, once the mob is empowered, it is hard to restore order and civility and decency.

Which is one reason thoughtful defenders of democracy have always feared demagogues, have sought to thwart their emergence, and have opposed them when they do rise.

Demagogues who can stoke mob spirit are dangerous. The problem with Donald Trump isn’t simply his policies, or his personal character. It’s his willingness, or rather his eagerness, to stoke the spirit of the mob. Trump’s posts on Truth Social condition some among us to the mob spirit as much as the hateful chants at Columbia or Yale condition others. MAGA is an expression of mob spirit. The campus encampments are manifestations of mob spirit.

And mob spirit is always nearer at hand than those with a sunny view of human nature would like. The lynch mobs in the South often consisted of respectable citizens, pillars of their communities. Many Berliners who participated in Kristallnacht went back to their normal office and jobs the next day.

So I’m with Jay on this. It seems simple, but it’s important: Be anti-mob. Because resisting and combating mob spirit is central to our political and social well-being.

And not just when that spirit is on the other side politically. Indeed, it’s more important to resist the mob when it claims to be acting for purposes you agree with.

Yes, it’s true that the consequences of the mob spirit taking over one of our two major political parties are greater than those of the mob spirit erupting on some elite college campuses. But lesser evils are still evil, and they can grow into greater ones. And history also suggests that indulging the mob spirit on one side soon enough empowers it on another. The mob spirit must be resisted across the board.

Resisting the mob isn’t all it takes to establish a sound society or a healthy politics. But it’s a necessary start. 

—William Kristol